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Home My WebLink AboutOrdinance 95-05 ORDINANCE NO. 95-05 CASE NO. AR-94-07'{)3: HYSELL AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, CITRUS RURAL DISTRICT, TO OCOEE C-2, COMMUNITY COMMERCIAL DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.347 ACRES LOCATED APPROXIMATELY 350' NORTH OF THE INTERSECTION OF SILVER STAR ROAD AND OCOEE-APOPKA ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, Florida, has on the date of adoption of this Ordinance, annexed into the corporate limits of the City of Ocoee, Florida certain real property now located in the City of Ocoee, Orange County, Florida as hereinafter described; and WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission to rezone and establish an initial zoning classification for said real property of Ocoee C-2, Community Commercial District (the "Initial Zoning"); and WHEREAS, pursuant to Section 5-9(8) of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said application and determined that the rezoning requested by the Applicant is consistent with the 1 991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 1 8, 1 991 , as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, said Initial Zoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, the Planning and Zoning Commission has held a public hearing and reviewed said Initial Zoning application for consistency with the Ocoee Comprehensive Plan and determined that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City and has recommended to the Ocoee City Commission that the zoning classification of said real property be "Ocoee, C-2, Community Commercial District", as requested by the Applicant, and that the Ocoee City Commission find that the rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof and respect to proposed Initial Zoning of said real property; and WHEREAS, the Ocoee City Commission has determined that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Ocoee, Florida has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and 166, Florida Statutes. SECTION 2. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 2.347 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County, A-I, Citrus Rural District" to "Ocoee, C-2, Community Commercial District": SEE EXHIBIT nAn (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 3. A map of said land herein described which clearly shows the rezoned area is attached hereto as EXHIBIT nBn and by this reference is made a part hereof. SECTION 4. The City Commission of the City of Ocoee, Florida, hereby finds that the new zoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION S. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the zoning amendment enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1 (G) of Article V of the Ocoee City Code. SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 7. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 8. Effective Date. This ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this ']ti day of MI+-RGW , 1995. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA (SEAL) ADVERTISED FEBRUARY 23, 1995 READ FIRST TIME FEBRUARY 21, 1995 READ SECOND TIME AND ADOPTED MAt c It- ~ I (1 ?J-- Under Agenda Item No. V r. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TOIl~O~ AND LEGALITY this 11b day of IV( 0/' , 1995. FOLEY &#RDNER // /) i /2, ilLA By: 0 i~ . i) ?C:lLJI' City Attorney C. r-: '" A~ ~. SWAGGERTY LAND SURVEYING,INCo /8/9 .v. SECOND ST. SANFORD, FL 32771 (407) 322-4630 DESCRIPTION: CO.R. BOOK 3916, PC. 4?17) Beginning at the Northwest corner of S.W. ~ of N.E. ~ of Section 18, Township 22 S. range 28 E., running thence South 733 feet and 5 inches for a starting point; running thence South 175 feet; East 625 feet and 6 inches to the Bellon property; thence North along Bellon property 175 feet to Southeast corner of the Burnsed property; thence West along Burnsed property to point of beginning, containing 2-~ acres, more or less. less right of way for County Road. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT '!HE NORTHWEST COR.~ OF !HE SOUIHW"ESI .It OF !HE NORTHEAST .It OF SECTION 18, township 22 soum, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN S.00000'20" E. A- LONG mE WEST LnlE OF SAID SOUTIfWEST .It OF mE NORTIfEAST t OF SECTION 18, A DISIANCE OF 732.07 FEET; !HENCE LEAVING SAID WEST LINE RUN N.89034 '04" E. 30.00 FEET TO 'mE POINT OF BEGINNING ON nm EAST RIGHT-OF-WAY LINE OF acOEE- APOPKA ROAD (STATE ROAD NO.43?); THENCE S.00000'20" E. .UONG SAID EAST RIGHT-OF-WAY LINE 173.28 FEET: THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE RUN N.89030'51" E. 591.25 FEET TO mE w"EST LnlE OF PIONEER KEY P.<\RK, AS RE- CORDED IN PLAT BOOK 6, PAGES 77 THROUGH 86, INCLUSIVE, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; mENCE N.OOolO' 53" \01. ALONG SAID WEST LINE 172.73 FEET; !HENCE LEAVING SAID w"EST LINE RUN S. 89034 '04" W. 590. 71 FEET TO mE POINT OF BEG:nmnfG. CONTAINING 'IHEREL.~ 2.347 ACRES MORE OR LESS. Exhibit A Case No: AR-94-07-03: Hysell Initial Zoning 306 North Ocoee-Apopka Road r,-/ or- , <( . :- ;H. :. .t I. ,. '0 '81 . ; . .. ~ !'- " :.: : ! ; . ~ , I , . [' ; ., .. E' Hysell Property loc:atlId 3SO' Nor1l'l ot lI1e Intllrsec:tlon ot Silver Star Road and Ocoee-Apopka Road. Legend: t ~ Subject Property t / / ,( Ocoee City Limits Orange County North Exhibit B